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To amend sections 4503.20, 4509.101, 4509.102,
4509.103, and 4509.45 of the Revised Code to
permit a person to present proof of financial
responsibility to the Registrar of Motor Vehicles,
a peace officer, a traffic violations bureau, or a
court through use of an electronic wireless
communications device.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 4503.20, 4509.101, 4509.102,
4509.103, and 4509.45 of the Revised Code be amended to read as
follows:

Sec. 4503.20. (A) As used in this section:

(1) "Dealer engaged in the business of leasing motor
vehicles" means any person engaged in the business of regularly
making available, offering to make available, or arranging for
another person to use a motor vehicle pursuant to a bailment,
lease, or other contractual arrangement.

(2) "Motor vehicle" has the meaning set forth in section
4509.01 of the Revised Code.

(B) An application for the registration of a motor vehicle
shall contain a statement, to be signed by the applicant either
manually or by electronic signature, that does all of the
following:

(1) States that the applicant maintains, or has maintained on
the applicant's behalf, proof of financial responsibility at the
time of application, and will not operate a motor vehicle in this
state, unless the applicant maintains, with respect to that motor
vehicle or the operation of such vehicle, proof of financial
responsibility;

(2) Contains a brief summary of the purposes and operation of
section 4509.101 of the Revised Code, the rights and duties of the
applicant under that section, and the penalties for violation of
that section;

(3) Warns the applicant that the financial responsibility law
does not prevent the possibility that the applicant may be
involved in an accident with an owner or operator of a motor
vehicle who is without proof of financial responsibility.

(C)(1) A person who purchases any motor vehicle from a
licensed motor vehicle dealer who agrees to make application for
registration of the motor vehicle on behalf of the purchaser shall
sign statements that comply with divisions (B) and (F) of this
section. The dealer shall submit the statements to the deputy
registrar where the dealer has agreed to make application for
registration on behalf of the person.

(2) In the case of a person who leases any motor vehicle from
a dealer engaged in the business of leasing motor vehicles who
agrees to make application for registration of the motor vehicle
on behalf of the lessee, the person shall sign a statement that
complies with division (B) of this section, and the dealer shall
do either of the following:

(a) Submit the statement signed by the person to the deputy
registrar where the dealer has agreed to make application for
registration on behalf of the person;

(b) Sign and submit a statement to the deputy registrar that
certifies that a statement has been signed and filed with the
dealer or incorporated into the lease.

The dealer shall submit to the registrar or deputy registrar
to whom the dealer submits the application for registration a
statement signed by the person that complies with division (F) of
this section.

(D) The registrar of motor vehicles shall prescribe the form
of the statements required under divisions (B), (C), and (F) of
this section, and the manner or manners in which the statements
required under divisions (B) and (F) of this section shall be
presented to the applicant. Any statement that is required under
divisions (B), (C), and (F) of this section shall be designed to
enable the applicant to retain a copy of it.

(E) Nothing within this section shall be construed to excuse
a violation of section 4509.101 of the Revised Code. A motor
vehicle dealer who makes application for the registration of a
motor vehicle on behalf of the purchaser or lessee of the motor
vehicle is not liable in damages in any civil action on account of
the act of making such application for registration or the content
of any such application for registration.

(F) In addition to the statements required by divisions (B)
and (C) of this section, a person who makes application for
registration of a motor vehicle shall be furnished with a form
that lists in plain language all the possible penalties to which a
person could be subject for a violation of the financial
responsibility law, including driver's license suspensions; all
fees, including nonvoluntary compliance and reinstatement fees;
and vehicle immobilization or impoundment. The person shall read
the form and either manually or by electronic signature sign the
form, which shall be submitted along with the application for
registration as provided in this section. The form shall be
retained by the registrar or deputy registrar who issues the motor
vehicle registration or the registrar's or deputy registrar's
successor for a period of two years from the date of issuance of
the registration.

(G) Upon the registration of a motor vehicle, the owner of
the motor vehicle is deemed to have agreed to the production of
proof of financial responsibility by the owner or the operator of
the motor vehicle, upon the request of a peace officer or state
highway patrol trooper made in accordance with division (E)(D)(2)
of section 4509.101 of the Revised Code.

(H) The registrar shall adopt rules governing the renewal of
motor vehicle registrations by electronic means and the completion
and submission of statements that comply with divisions (B) and
(F) of this section. The registrar shall adopt the rules
prescribed by this division in accordance with Chapter 119. of the
Revised Code.

Sec. 4509.101. (A)(1) No person shall operate, or permit the
operation of, a motor vehicle in this state, unless proof of
financial responsibility is maintained continuously throughout the
registration period with respect to that vehicle, or, in the case
of a driver who is not the owner, with respect to that driver's
operation of that vehicle.

(2) Whoever violates division (A)(1) of this section shall be
subject to the following civil penalties:

(a) Subject to divisions (A)(2)(b) and (c) of this section, a
class (F) suspension of the person's driver's license, commercial
driver's license, temporary instruction permit, probationary
license, or nonresident operating privilege for the period of time
specified in division (B)(6) of section 4510.02 of the Revised
Code and impoundment of the person's license.

(b) If, within five years of the violation, the person's
operating privileges are again suspended and the person's license
again is impounded for a violation of division (A)(1) of this
section, a class C suspension of the person's driver's license,
commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege for the
period of time specified in division (B)(3) of section 4510.02 of
the Revised Code. The court may grant limited driving privileges
to the person only if the person presents proof of financial
responsibility and has complied with division (A)(5) of this
section, and no court may grant limited driving privileges for the
first fifteen days of the suspension.

(c) If, within five years of the violation, the person's
operating privileges are suspended and the person's license is
impounded two or more times for a violation of division (A)(1) of
this section, a class B suspension of the person's driver's
license, commercial driver's license, temporary instruction
permit, probationary license, or nonresident operating privilege
for the period of time specified in division (B)(2) of section
4510.02 of the Revised Code. The court may grant limited driving
privileges to the person only if the person presents proof of
financial responsibility and has complied with division (A)(5) of
this section, except that no court may grant limited driving
privileges for the first thirty days of the suspension.

(d) In addition to the suspension of an owner's license under
division (A)(2)(a), (b), or (c) of this section, the suspension of
the rights of the owner to register the motor vehicle and the
impoundment of the owner's certificate of registration and license
plates until the owner complies with division (A)(5) of this
section.

(3) A person to whom this state has issued a certificate of
registration for a motor vehicle or a license to operate a motor
vehicle or who is determined to have operated any motor vehicle or
permitted the operation in this state of a motor vehicle owned by
the person shall be required to verify the existence of proof of
financial responsibility covering the operation of the motor
vehicle or the person's operation of the motor vehicle under any
of the following circumstances:

(a) The person or a motor vehicle owned by the person is
involved in a traffic accident that requires the filing of an
accident report under section 4509.06 of the Revised Code.

(b) The person receives a traffic ticket indicating that
proof of the maintenance of financial responsibility was not
produced upon the request of a peace officer or state highway
patrol trooper made in accordance with division (D)(2) of this
section.

(c) Whenever, in accordance with rules adopted by the
registrar, the person is randomly selected by the registrar and
requested to provide such verification.

(4) An order of the registrar that suspends and impounds a
license or registration, or both, shall state the date on or
before which the person is required to surrender the person's
license or certificate of registration and license plates. The
person is deemed to have surrendered the license or certificate of
registration and license plates, in compliance with the order, if
the person does either of the following:

(a) On or before the date specified in the order, personally
delivers the license or certificate of registration and license
plates, or causes the delivery of the items, to the registrar;

(b) Mails the license or certificate of registration and
license plates to the registrar in an envelope or container
bearing a postmark showing a date no later than the date specified
in the order.

(5) Except as provided in division (A)(6) or (L) of this
section, the registrar shall not restore any operating privileges
or registration rights suspended under this section, return any
license, certificate of registration, or license plates impounded
under this section, or reissue license plates under section
4503.232 of the Revised Code, if the registrar destroyed the
impounded license plates under that section, or reissue a license
under section 4510.52 of the Revised Code, if the registrar
destroyed the suspended license under that section, unless the
rights are not subject to suspension or revocation under any other
law and unless the person, in addition to complying with all other
conditions required by law for reinstatement of the operating
privileges or registration rights, complies with all of the
following:

(a) Pays to the registrar or an eligible deputy registrar a
financial responsibility reinstatement fee of one hundred dollars
for the first violation of division (A)(1) of this section, three
hundred dollars for a second violation of that division, and six
hundred dollars for a third or subsequent violation of that
division;

(b) If the person has not voluntarily surrendered the
license, certificate, or license plates in compliance with the
order, pays to the registrar or an eligible deputy registrar a
financial responsibility nonvoluntary compliance fee in an amount,
not to exceed fifty dollars, determined by the registrar;

(c) Files and continuously maintains proof of financial
responsibility under sections 4509.44 to 4509.65 of the Revised
Code;

(d) Pays a deputy registrar a service fee of ten dollars to
compensate the deputy registrar for services performed under this
section. The deputy registrar shall retain eight dollars of the
service fee and shall transmit the reinstatement fee, any
nonvoluntary compliance fee, and two dollars of the service fee to
the registrar in the manner the registrar shall determine.

(6) If the registrar issues an order under division (A)(2) of
this section resulting from the failure of a person to respond to
a financial responsibility random verification request under
division (A)(3)(c) of this section and the person successfully
maintains an affirmative defense to a violation of section 4510.16
of the Revised Code or is determined by the registrar or a deputy
registrar to have been in compliance with division (A)(1) of this
section at the time of the initial financial responsibility random
verification request, the registrar shall do both of the
following:

(a) Terminate the order of suspension or impoundment;

(b) Restore the operating privileges and registration rights
of the person without payment of the fees established in divisions
(A)(5)(a) and (b) of this section and without a requirement to
file proof of financial responsibility.

(B)(1) Every party required to file an accident report under
section 4509.06 of the Revised Code also shall include with the
report a document described in division (G)(1)(a) of this section
or shall present proof of financial responsibility through use of
an electronic wireless communications device as permitted by
division (G)(1)(b) of this section.

If the registrar determines, within forty-five days after the
report is filed, that an operator or owner has violated division
(A)(1) of this section, the registrar shall do all of the
following:

(a) Order the impoundment, with respect to the motor vehicle
involved, required under division (A)(2)(d) of this section, of
the certificate of registration and license plates of any owner
who has violated division (A)(1) of this section;

(b) Order the suspension required under division (A)(2)(a),
(b), or (c) of this section of the license of any operator or
owner who has violated division (A)(1) of this section;

(c) Record the name and address of the person whose
certificate of registration and license plates have been impounded
or are under an order of impoundment, or whose license has been
suspended or is under an order of suspension; the serial number of
the person's license; the serial numbers of the person's
certificate of registration and license plates; and the person's
social security account number, if assigned, or, where the motor
vehicle is used for hire or principally in connection with any
established business, the person's federal taxpayer identification
number. The information shall be recorded in such a manner that it
becomes a part of the person's permanent record, and assists the
registrar in monitoring compliance with the orders of suspension
or impoundment.

(d) Send written notification to every person to whom the
order pertains, at the person's last known address as shown on the
records of the bureau. The person, within ten days after the date
of the mailing of the notification, shall surrender to the
registrar, in a manner set forth in division (A)(4) of this
section, any certificate of registration and registration plates
under an order of impoundment, or any license under an order of
suspension.

(2) The registrar shall issue any order under division (B)(1)
of this section without a hearing. Any person adversely affected
by the order, within ten days after the issuance of the order, may
request an administrative hearing before the registrar, who shall
provide the person with an opportunity for a hearing in accordance
with this paragraph. A request for a hearing does not operate as a
suspension of the order. The scope of the hearing shall be limited
to whether the person in fact demonstrated to the registrar proof
of financial responsibility in accordance with this section. The
registrar shall determine the date, time, and place of any
hearing, provided that the hearing shall be held, and an order
issued or findings made, within thirty days after the registrar
receives a request for a hearing. If requested by the person in
writing, the registrar may designate as the place of hearing the
county seat of the county in which the person resides or a place
within fifty miles of the person's residence. The person shall pay
the cost of the hearing before the registrar, if the registrar's
order of suspension or impoundment is upheld.

(C) Any order of suspension or impoundment issued under this
section or division (B) of section 4509.37 of the Revised Code may
be terminated at any time if the registrar determines upon a
showing of proof of financial responsibility that the operator or
owner of the motor vehicle was in compliance with division (A)(1)
of this section at the time of the traffic offense, motor vehicle
inspection, or accident that resulted in the order against the
person. A determination may be made without a hearing. This
division does not apply unless the person shows good cause for the
person's failure to present satisfactory proof of financial
responsibility to the registrar prior to the issuance of the
order.

(D)(1) For the purpose of enforcing this section, every peace
officer is deemed an agent of the registrar.

(a) Except as provided in division (D)(1)(b) of this section,
any peace officer who, in the performance of the peace officer's
duties as authorized by law, becomes aware of a person whose
license is under an order of suspension, or whose certificate of
registration and license plates are under an order of impoundment,
pursuant to this section, may confiscate the license, certificate
of registration, and license plates, and return them to the
registrar.

(b) Any peace officer who, in the performance of the peace
officer's duties as authorized by law, becomes aware of a person
whose license is under an order of suspension, or whose
certificate of registration and license plates are under an order
of impoundment resulting from failure to respond to a financial
responsibility random verification, shall not, for that reason,
arrest the owner or operator or seize the vehicle or license
plates. Instead, the peace officer shall issue a citation for a
violation of section 4510.16 of the Revised Code specifying the
circumstances as failure to respond to a financial responsibility
random verification.

(2) A peace officer shall request the owner or operator of a
motor vehicle to produce proof of financial responsibility in a
manner described in division (G) of this section at the time the
peace officer acts to enforce the traffic laws of this state and
during motor vehicle inspections conducted pursuant to section
4513.02 of the Revised Code.

(3) A peace officer shall indicate on every traffic ticket
whether the person receiving the traffic ticket produced proof of
the maintenance of financial responsibility in response to the
officer's request under division (D)(2) of this section. The peace
officer shall inform every person who receives a traffic ticket
and who has failed to produce proof of the maintenance of
financial responsibility that the person must submit proof to the
traffic violations bureau with any payment of a fine and costs for
the ticketed violation or, if the person is to appear in court for
the violation, the person must submit proof to the court.

(4)(a) If a person who has failed to produce proof of the
maintenance of financial responsibility appears in court for a
ticketed violation, the court may permit the defendant to present
evidence of proof of financial responsibility to the court at such
time and in such manner as the court determines to be necessary or
appropriate. In a manner prescribed by the registrar, the clerk of
courts shall provide the registrar with the identity of any person
who fails to submit proof of the maintenance of financial
responsibility pursuant to division (D)(3) of this section.

(b) If a person who has failed to produce proof of the
maintenance of financial responsibility also fails to submit that
proof to the traffic violations bureau with payment of a fine and
costs for the ticketed violation, the traffic violations bureau,
in a manner prescribed by the registrar, shall notify the
registrar of the identity of that person.

(5)(a) Upon receiving notice from a clerk of courts or
traffic violations bureau pursuant to division (D)(4) of this
section, the registrar shall order the suspension of the license
of the person required under division (A)(2)(a), (b), or (c) of
this section and the impoundment of the person's certificate of
registration and license plates required under division (A)(2)(d)
of this section, effective thirty days after the date of the
mailing of notification. The registrar also shall notify the
person that the person must present the registrar with proof of
financial responsibility in accordance with this section,
surrender to the registrar the person's certificate of
registration, license plates, and license, or submit a statement
subject to section 2921.13 of the Revised Code that the person did
not operate or permit the operation of the motor vehicle at the
time of the offense. Notification shall be in writing and shall be
sent to the person at the person's last known address as shown on
the records of the bureau of motor vehicles. The person, within
fifteen days after the date of the mailing of notification, shall
present proof of financial responsibility, surrender the
certificate of registration, license plates, and license to the
registrar in a manner set forth in division (A)(4) of this
section, or submit the statement required under this section
together with other information the person considers appropriate.

If the registrar does not receive proof or the person does
not surrender the certificate of registration, license plates, and
license, in accordance with this division, the registrar shall
permit the order for the suspension of the license of the person
and the impoundment of the person's certificate of registration
and license plates to take effect.

(b) In the case of a person who presents, within the
fifteen-day period, documents to show proof of financial
responsibility, the registrar shall terminate the order of
suspension and the impoundment of the registration and license
plates required under division (A)(2)(d) of this section and shall
send written notification to the person, at the person's last
known address as shown on the records of the bureau.

(c) Any person adversely affected by the order of the
registrar under division (D)(5)(a) or (b) of this section, within
ten days after the issuance of the order, may request an
administrative hearing before the registrar, who shall provide the
person with an opportunity for a hearing in accordance with this
paragraph. A request for a hearing does not operate as a
suspension of the order. The scope of the hearing shall be limited
to whether, at the time of the hearing, the person presents proof
of financial responsibility covering the vehicle and whether the
person is eligible for an exemption in accordance with this
section or any rule adopted under it. The registrar shall
determine the date, time, and place of any hearing; provided, that
the hearing shall be held, and an order issued or findings made,
within thirty days after the registrar receives a request for a
hearing. If requested by the person in writing, the registrar may
designate as the place of hearing the county seat of the county in
which the person resides or a place within fifty miles of the
person's residence. Such person shall pay the cost of the hearing
before the registrar, if the registrar's order of suspension or
impoundment under division (D)(5)(a) or (b) of this section is
upheld.

(6) A peace officer may charge an owner or operator of a
motor vehicle with a violation of section 4510.16 of the Revised
Code when the owner or operator fails to show proof of the
maintenance of financial responsibility pursuant to a peace
officer's request under division (D)(2) of this section, if a
check of the owner or operator's driving record indicates that the
owner or operator, at the time of the operation of the motor
vehicle, is required to file and maintain proof of financial
responsibility under section 4509.45 of the Revised Code for a
previous violation of this chapter.

(7) Any forms used by law enforcement agencies in
administering this section shall be prescribed, supplied, and paid
for by the registrar.

(8) No peace officer, law enforcement agency employing a
peace officer, or political subdivision or governmental agency
that employs a peace officer shall be liable in a civil action for
damages or loss to persons arising out of the performance of any
duty required or authorized by this section.

(9) As used in this division and divisions (E) and (G) of
this section, "peace officer" has the meaning set forth in section
2935.01 of the Revised Code.

(E) All fees, except court costs, fees paid to a deputy
registrar, and those portions of the financial responsibility
reinstatement fees as otherwise specified in this division,
collected under this section shall be paid into the state treasury
to the credit of the financial responsibility compliance fund. The
financial responsibility compliance fund shall be used exclusively
to cover costs incurred by the bureau in the administration of
this section and sections 4503.20, 4507.212, and 4509.81 of the
Revised Code, and by any law enforcement agency employing any
peace officer who returns any license, certificate of
registration, and license plates to the registrar pursuant to
division (C) of this section, except that the director of budget
and management may transfer excess money from the financial
responsibility compliance fund to the state bureau of motor
vehicles fund if the registrar determines that the amount of money
in the financial responsibility compliance fund exceeds the amount
required to cover such costs incurred by the bureau or a law
enforcement agency and requests the director to make the transfer.

Of each financial responsibility reinstatement fee the
registrar collects pursuant to division (A)(5)(a) of this section
or receives from a deputy registrar under division (A)(5)(d) of
this section, the registrar shall deposit twenty-five dollars of
each one-hundred-dollar reinstatement fee, fifty dollars of each
three-hundred-dollar reinstatement fee, and one hundred dollars of
each six-hundred-dollar reinstatement fee into the state treasury
to the credit of the indigent defense support fund created by
section 120.08 of the Revised Code.

All investment earnings of the financial responsibility
compliance fund shall be credited to the fund.

(F) Chapter 119. of the Revised Code applies to this section
only to the extent that any provision in that chapter is not
clearly inconsistent with this section.

(G)(1)(a) The registrar, court, traffic violations bureau, or
peace officer may require proof of financial responsibility to be
demonstrated by use of a standard form prescribed by the
registrar. If the use of a standard form is not required, a person
may demonstrate proof of financial responsibility under this
section by presenting to the traffic violations bureau, court,
registrar, or peace officer any of the following documents or a
copy of the documents:

(a)(i) A financial responsibility identification card as
provided in section 4509.103 of the Revised Code;

(b)(ii) A certificate of proof of financial responsibility on
a form provided and approved by the registrar for the filing of an
accident report required to be filed under section 4509.06 of the
Revised Code;

(c)(iii) A policy of liability insurance, a declaration page
of a policy of liability insurance, or liability bond, if the
policy or bond complies with section 4509.20 or sections 4509.49
to 4509.61 of the Revised Code;

(d)(iv) A bond or certification of the issuance of a bond as
provided in section 4509.59 of the Revised Code;

(e)(v) A certificate of deposit of money or securities as
provided in section 4509.62 of the Revised Code;

(f)(vi) A certificate of self-insurance as provided in
section 4509.72 of the Revised Code.

(b) A person also may present proof of financial
responsibility under this section to the traffic violations
bureau, court, registrar, or peace officer through use of an
electronic wireless communications device as specified under
section 4509.103 of the Revised Code.

(2) If a person fails to demonstrate proof of financial
responsibility in a manner described in division (G)(1) of this
section, the person may demonstrate proof of financial
responsibility under this section by any other method that the
court or the bureau, by reason of circumstances in a particular
case, may consider appropriate.

(3) A motor carrier certificated by the interstate commerce
commission or by the public utilities commission may demonstrate
proof of financial responsibility by providing a statement
designating the motor carrier's operating authority and averring
that the insurance coverage required by the certificating
authority is in full force and effect.

(4)(a) A finding by the registrar or court that a person is
covered by proof of financial responsibility in the form of an
insurance policy or surety bond is not binding upon the named
insurer or surety or any of its officers, employees, agents, or
representatives and has no legal effect except for the purpose of
administering this section.

(b) The preparation and delivery of a financial
responsibility identification card or any other document
authorized to be used as proof of financial responsibility under
this divisionand the generation and delivery of proof of
financial responsibility to an electronic wireless communications
device that is displayed on the device as text or images does not
do any of the following:

(i) Create any liability or estoppel against an insurer or
surety, or any of its officers, employees, agents, or
representatives;

(ii) Constitute an admission of the existence of, or of any
liability or coverage under, any policy or bond;

(iii) Waive any defenses or counterclaims available to an
insurer, surety, agent, employee, or representative in an action
commenced by an insured or third-party claimant upon a cause of
action alleged to have arisen under an insurance policy or surety
bond or by reason of the preparation and delivery of a document
for use as proof of financial responsibility or the generation and
delivery of proof of financial responsibility to an electronic
wireless communications device.

(c) Whenever it is determined by a final judgment in a
judicial proceeding that an insurer or surety, which has been
named on a document or displayed on an electronic wireless
communications device accepted by a court or the registrar as
proof of financial responsibility covering the operation of a
motor vehicle at the time of an accident or offense, is not liable
to pay a judgment for injuries or damages resulting from such
operation, the registrar, notwithstanding any previous contrary
finding, shall forthwith suspend the operating privileges and
registration rights of the person against whom the judgment was
rendered as provided in division (A)(2) of this section.

(H) In order for any document or display of text or images on
an electronic wireless communications device described in division
(G)(1)(b) of this section to be used for the demonstration of
proof of financial responsibility under this section, the document
or words or images shall state the name of the insured or obligor,
the name of the insurer or surety company, and the effective and
expiration dates of the financial responsibility, and designate by
explicit description or by appropriate reference all motor
vehicles covered which may include a reference to fleet insurance
coverage.

(I) For purposes of this section, "owner" does not include a
licensed motor vehicle leasing dealer as defined in section
4517.01 of the Revised Code, but does include a motor vehicle
renting dealer as defined in section 4549.65 of the Revised Code.
Nothing in this section or in section 4509.51 of the Revised Code
shall be construed to prohibit a motor vehicle renting dealer from
entering into a contractual agreement with a person whereby the
person renting the motor vehicle agrees to be solely responsible
for maintaining proof of financial responsibility, in accordance
with this section, with respect to the operation, maintenance, or
use of the motor vehicle during the period of the motor vehicle's
rental.

(J) The purpose of this section is to require the maintenance
of proof of financial responsibility with respect to the operation
of motor vehicles on the highways of this state, so as to minimize
those situations in which persons are not compensated for injuries
and damages sustained in motor vehicle accidents. The general
assembly finds that this section contains reasonable civil
penalties and procedures for achieving this purpose.

(K) Nothing in this section shall be construed to be subject
to section 4509.78 of the Revised Code.

(L)(1) The registrar may terminate any suspension imposed
under this section and not require the owner to comply with
divisions (A)(5)(a), (b), and (c) of this section if the registrar
with or without a hearing determines that the owner of the vehicle
has established by clear and convincing evidence that all of the
following apply:

(b) Proof of financial responsibility was not in effect for
the vehicle on the date in question for one of the following
reasons:

(i) The vehicle was inoperable.

(ii) The vehicle is operated only seasonally, and the date in
question was outside the season of operation.

(iii) A person other than the vehicle owner or driver was at
fault for the lapse of proof of financial responsibility through
no fault of the owner or driver.

(iv) The lapse of proof of financial responsibility was
caused by excusable neglect under circumstances that are not
likely to recur and do not suggest a purpose to evade the
requirements of this chapter.

(2) The registrar may grant an owner or driver relief for a
reason specified in division (L)(1)(b)(i) or (ii) of this section
whenever the owner or driver is randomly selected to verify the
existence of proof of financial responsibility for such a vehicle.
However, the registrar may grant an owner or driver relief for a
reason specified in division (L)(1)(b)(iii) or (iv) of this
section only if the owner or driver has not previously been
granted relief under division (L)(1)(b)(iii) or (iv) of this
section.

(M) The registrar shall adopt rules in accordance with
Chapter 119. of the Revised Code that are necessary to administer
and enforce this section. The rules shall include procedures for
the surrender of license plates upon failure to maintain proof of
financial responsibility and provisions relating to reinstatement
of registration rights, acceptable forms of proof of financial
responsibility, the use of an electronic wireless communications
device to present proof of financial responsibility, and
verification of the existence of financial responsibility during
the period of registration.

(N)(1) When a person utilizes an electronic wireless
communications device to present proof of financial
responsibility, only the evidence of financial responsibility
displayed on the device shall be viewed by the registrar, peace
officer, employee or official of the traffic violations bureau, or
the court. No other content of the device shall be viewed for
purposes of obtaining proof of financial responsibility.

(2) When a person provides an electronic wireless
communications device to the registrar, a peace officer, an
employee or official of a traffic violations bureau, or the court,
the person assumes the risk of any resulting damage to the device
unless the registrar, peace officer, employee, or official, or
court personnel purposely, knowingly, or recklessly commits an
action that results in damage to the device.

Sec. 4509.102. No person who has knowingly failed to
maintain proof of financial responsibility in accordance with
section 4509.101 of the Revised Code shall produce any document or
present to a peace officer an electronic wireless communications
device that is displaying any text or images with the purpose to
mislead a peace officer upon the request of a peace officer for
proof of financial responsibility made in accordance with division
(D)(2) of section 4509.101 of the Revised Code. Any person whoWhoever violates this divisionsection is guilty of falsification
under section 2921.13 of the Revised Code.

Sec. 4509.103. (A) As used in this section and sections
4509.101 and 4509.102 of the Revised Code, "electronic wireless
communications device" includes any of the following:

(1) A wireless telephone, including a cellular telephone;

(2) A personal digital assistant;

(3) A computer, including a laptop computer, a netbook
computer, and a tablet computer;

(4) Any other substantially similar wireless device that is
designed or used to communicate and displays text or images.

(B) Each insurer writing motor vehicle liability insurance in
this state shall provide financial responsibility identification
cards to every policyholder in this state to whom it has delivered
or issued for delivery a motor vehicle liability insurance policy.
A minimum of one financial responsibility identification card
shall be issued for every motor vehicle insured under a motor
vehicle liability insurance policy.

(B) A financial responsibility identification card shall be
valid only for the policy period. The card shall be in a form
prescribed by the registrar of motor vehicles. It shall disclose
the policy period and shall contain such other information as
required by the registrar.

(C) Each insurer writing motor vehicle liability insurance in
this state also may provide to every policyholder in this state
to whom it has delivered or issued for delivery a motor vehicle
liability insurance policy the ability to utilize an electronic
wireless communications device to present proof of financial
responsibility to a traffic violations bureau, court, registrar,
or peace officer when required to do so by section 4509.101 of the
Revised Code. The text or images that are displayed on such a
device as the result of the generation and delivery by the insurer
of information and data to the device shall conform to the
requirements applicable to such text or images that the registrar
prescribes in rules adopted under section 4509.101 of the Revised
Code.

Sec. 4509.45. (A) As used in this section, "electronic
wireless communications device" has the same meaning as in section
4509.103 of the Revised Code.

(B) Proof of financial responsibility when required under
section 4509.101, 4509.33, 4509.34, 4509.38, 4509.40, 4509.42,
4509.44, or 4510.038 of the Revised Code may be given by filing
any of the following:

(1) A financial responsibility identification card as
provided in section 4509.104 of the Revised Code;

(2) A certificate of insurance as provided in section 4509.46
or 4509.47 of the Revised Code;

(3) A bond as provided in section 4509.59 of the Revised
Code;

(4) A certificate of deposit of money or securities as
provided in section 4509.62 of the Revised Code;

(5) A certificate of self-insurance, as provided in section
4509.72 of the Revised Code, supplemented by an agreement by the
self-insurer that, with respect to accidents occurring while the
certificate is in force, the self-insurer will pay the same
amounts that an insurer would have been obligated to pay under an
owner's motor vehicle liability policy if it had issued such a
policy to the self-insurer.

(B)(C) When proof of financial responsibility is required to
be given under section 4509.101 of the Revised Code, such proof
also may be given through use of an electronic wireless
communications device as provided in that section.

(D) Proof under division (A)(B) of this section shall be
filed and maintained for five years from the date of the
registrar's imposition of a class A, B, or C suspension of
operating privileges and shall be filed and maintained for three
years from the date of the registrar's imposition of a class D, E,
or F suspension of operating privileges. Proof of financial
responsibility that is required to be filed and maintained with
the registrar during a period of suspension of operating
privileges described in this division shall not be given through
the use of an electronic wireless communications device.